It was very interesting to read of the Washington Supreme Court’s recent decision on charter schools. On September 4, 2015, the Court declared the state’s charter school law unconstitutional. As reported in the Washington Post, Wayne Au, an associate professor at the University of Washington Bothell, was a plaintiff in the charter school legal challenge. At the hear of the ruling Au said, “was the idea that charter schools, as defined by the law, were not actually public schools.” This stems from the provision in Washington’s state constitution that only “common schools” shall receive tax dollars for public education. In Washington State evidently, an appointed board, not an elected one, governs charter schools. The Washington State Supreme court decided the lack of oversight this allowed did not meet the definition of “common schools.”
While reading the article, I found myself thinking of the frenzied march in Arizona, toward the privatization of public education. Arizona has long been a leader in the number of charter schools established and our Legislature has established numerous work-arounds to divert taxpayer dollars into private and for-profit school coffers.
The Post article’s allegation that “ALEC’s influence on Washington State’s charter law is unmistakable”, is no surprise to me. The American Legislative Exchange Council is no friend of public education, the common good, or our democracy. As pointed out by the Post, ALEC is known for promoting a broad privatization agenda, “stand-your-ground gun laws, and anti-democratic voter registration laws. ALEC’s agenda to privatize public education includes the promotion of charter schools (corporate charters and virtual schools specifically), private school vouchers, anti-union measures, “parent trigger” laws, increasing testing, reducing or eliminating the power of local school boards and limiting the power of public school districts.
Of course, anyone tuned into Arizona education or politics knows that ALEC has also had significant influence in our state. The Goldwater Institute acts, as the ALEC’s Mini-Me in Arizona and AZ Senator Debbie Lesko, as the AZ ALEC chair, has been the organization’s chief water carrier. Half of our state Senators and one-third of our representatives are known members of ALEC and there may be more. It should be no surprise then that Arizona earns a “B” grade (3rd best) in education policy as the state leads the nation in number of charter school and has a very robust program to divert tax payer dollars to alternatives to traditional public education.
A disturbing similarity between Arizona and Washington State charter operations is that neither is overseen by a locally elected governing board. This fact ensures there is virtually no transparency nor accountability on how our tax dollars are spent therefore, no ability to ascertain the effectiveness of the programs or return on investment in general. This design is not by accident. As Peter Green has pointed out on his Curmudgucation blog, “charter supporters seek to redefine public schools as schools that have public money but without public accountability and regulation.” ALEC likes it this way because this smoothes the path to privatization. It goes like this: 1) drive a market for privatization by selling the story that public education is failing, 2) starve public education of funding to make it increasingly difficult for them to succeed, 3) continuously expand ways to divert taxpayer dollars from public education to private options, 4) sell the idea that public tax dollars for education should follow each child to the school of their choice, and 5) prevent the requirement of transparency and accountability such as is required of community district schools.
That is not the only similarity between the states’ two education systems. Just like Washington State, Arizona’s Legislature continues to withhold funding they owe the school districts. In Arizona, the funding in immediate question is the $300M in inflation funding from the Proposition 301 law. The people voted this issue into law in 2000 and the courts ruled in 2014 that the districts are indeed owed the funding and still, the Legislature refuses to pay up. In 2012, the Washington State Legislature was ordered to fully fund education, but they failed to do so. In August of this year, the WA State Supreme Court ordered fines of $100,000 per day until the Legislature complies. They have yet to do so.
The Washington State Supreme Court said: If a school is not controlled by a public body, then it should not have access to public funds.” We should all agree with this concept and demand full transparency and accountability whenever public funds are involved. Taxpayer dollars don’t belong to any one of us, they belong to all of us. We as the primary stockholder of our government, have the right and responsibility to know how they are spent and what our return on investment is. Anything less is more than suspect, it is un-democratic and un-American.